REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: CONTINUANCE: APPEALS: RECORD ON APPEAL: BORROWER WAS UNABLE TO ESTABLISH THAT TRIAL COURT ABUSED ITS DISCRETION BY DENYING HIS ORAL MOTION FOR CONTINUANCE BASED UPON HIS LAWYER’S FAILURE TO APPEAR FOR TRIAL BECAUSE OF LACK OF TRIAL TRANSCRIPT, SUBSEQUENT WRITTEN MOTION, WRITTEN ORDER DENYING CONTINUANCE, STATEMENT OF THE EVIDENCE UNDER FLA. R. APP. P. 9.200(b)(4), OR MOTION FOR REHEARING OR RECONSIDERATION

Ramos v. Ventures Trust, ___ So. 3d ___, 40 Fla. L. Weekly D409 (Fla. 3d DCA February 11, 2015)

When the borrower’s lawyer failed to appear for the nonjury trial on the lender’s action to foreclose on its mortgage, the borrower made an oral motion for continuance. The trial court denied the motion and entered final judgment of foreclosure the next day. The appellate court affirmed based upon the borrower’s failure to show that the trial court abused its discretion because the borrower did not provide the appellate court with a transcript of the trial, the borrower did not file a subsequent written motion for continuance, the trial court did not enter a written order on the borrower’s oral motion for continuance, the borrower did not file a statement of evidence under Fla. R. App. P. 9.400(b)(4), and the borrower did not file a motion for rehearing or reconsideration.

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